SARATOGA SPRINGS -- Public Works Commissioner Anthony "Skip" Scirocco is defending the city's agreement to sell water to Wilton houses.

The deal to sell water to the 18 houses in the Floral Estates subdivision off Ingersoll Road that are located over the city line was called into question by members of the public and sitting City Council members alike, who weighed whether the current city contract allows the sale of water for residential purposes.

The 1998 contract and 2001 amendments seem to restrict water to commercial purposes within a certain section of Wilton and require it to flow through a certain meter by Weibel Avenue.

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City Attorney Joe Scala, though, said that is not how he reads the contract. Both his office and attorneys for the Wilton Water and Sewer Authority agree the sale is legitimate.

"I'm not an attorney," Scirocco said Tuesday at the City Council meeting. "I'm basing my opinion on the legal opinion of the city attorney."

Finance Commissioner Michele Madigan, however, is holding off on cashing a $54,000 check from residents of the Floral Estates subdivision for connection fees because of her concerns about the legality of selling water under the current contract.

For Madigan, the two sticking points are that the city contract seems to indicate that water can only be sold to commercial interests and that the water is supposed to pass through a particular water meter, which water going to the Floral Estates subdivision would not.

Scala drafted a legal analysis of the contract in November 2011 justifying the sale. He said at that time he thought the water would pass through that meter as laid out in the contract.

Meanwhile, several commissioners called into question his analysis of commercial versus residential water sales.

"The Twinkie defense holds more water than this," Accounts Commissioner John Franck said of Scala's analysis. "It was pretty clear it was supposed to be for commercial (use)."

Peter Tulin, who was the city attorney in 1998 when the original contract was executed, also countered Scala's opinion. He submitted a written opinion on the contract's intentions at the request of Madigan.

"At the time, it was to sell water to Wilton for commercial use," Tulin said. "There is nothing in that agreement to permit the sale of residential water."

In Scala's legal opinion, he cites a passage specifying the sale of water to the commercial zone in Wilton in which the mall is located. In that passage, Scala quoted, "The potable water so supplied shall be used primarily for the domestic water use of the structures."

Tulin said domestic, in this case, refers to uses at commercial structures. "Domestic use means toilets and water fountains in Wal-Mart," he said.

In order to sell water to Wilton for residential use, "they need a new agreement," Tulin said.

None of the City Council members voiced opposition to the sale of water to Wilton, only the process.

"Let's make sure we dot all our Is and cross our Ts," Franck said, calling for a new contract to be drafted.

"I think it's the most transparent thing to do," Madigan agreed.

Scirocco said he is willing to discuss the issue further and that the sale represents only about 5,000 gallons a day. "We use more than 5,000 gallons when we flush our fire hydrants," Scirocco said.

He said Wilton residents pay three times the rate Saratoga Springs residents do for the water and the amount of water the city sells Wilton has been decreasing over the last decade because of competing water sources.

"Maybe we can put something together the City Council can agree on," Scirocco said, but emphasized "there is nothing illegal about what we're doing here. Every drop of water that's going to these houses out there is being metered at three times the rate."